HomeMy WebLinkAbout950568.tiffRESOLUTION
RE: APPROVE AGREEMENT TO PROVIDE BUILDING INSPECTIONS WITH TOWN OF
MEAD AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement to Provide Building
Inspections between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Planning Services, and the Town
of Mead, commencing March 13, 1995, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement to Provide Building Inspections between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Planning Services, and the Town of Mead be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of March, A.D., 1995, nunc pro tunc March 13, 1995.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, CO
ATTEST:
Lu
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Weld County Clerk
By. lilerkk too thee Board
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Deputy Clerk to the Board
A D AS TO FO
ounty Attorney(
Dale K. Hall, Chair "n
FXCIISFn
Barbara J. Kirkmeyer, P o-Tem
George Baxter
Constance L. Harbert
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FXCI1SFn DATF OF APPROVAI (AYE)
W. H. Webster
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AGREEMENT TO PROVIDE BUILDING INSPECTIONS
THIS AGREEMENT made this 1 3 day of March 19 95 by and between
the TOWN OF Mead hereinafter referred to as the "Town" and the COUNTY OF
WELD, a political subdivision of the State of Colorado, hereinafter referred to as the "County".
WHEREAS, The Town does not desire to provide its own building inspections and wishes
to use the service of the Weld County Building Inspections Department, and
WHEREAS, In accordance with CRS Sections 29-1-203, and 29-20-105 political
subdivisions may cooperate or contract with one another to provide any function, service or facility
lawfully authorized to each of the corporations or contracting units, including joint exercise of
building regulations, and
WHEREAS, in order to set forth clearly the responsibilities, obligations, powers and rights
of each of the parties, the Town and the County hereby enter into this Agreement.
NOW, THEREFORE, in consideration of the recitals, promises and covenants herein set
forth, and other good and valuable consideration herein receipted for, the parties agree as follows:
1. The Town authorizes the County Building Inspection Department to make all inspections
required by the Weld County Building Code Ordinance of structures within the
incorporated boundaries of theTown based upon the Town's Building Code, Mechanical
Code, Plumbing Code, Electric Code, Swimming Pool Code, Abatement of Dangerous
Buildings, State of Colorado Insulation Requirements and the State requirements for
the handicapped as duly adopted by theTown. However, when the Codes adopted by
the Town require permits exempted under terms of the Weld County Building Code
Ordinance, the Town shall be responsible for inspection and approvals.
2. The County represents that it has inspectors certified by the International Conference
of Building Officials ("ICBO") in the following disciplines; Plans Examiner, Building
Inspector, Electrical Inspector, Mechanical Inspector, Plumbing Inspector. The
employees assigned to conduct inspections within the Town by the County shall be
certified by the ICBO to perform the particular type of inspection assigned to perform.
3. The Town shall advise the County of any of the substantive differences between the
codes adopted by the Town and the Weld County Building Code within thirty (30) days
of the execution of this agreement.
4. In consideration of the County providing such inspections, the Town shall pay to the
County the same fee per permit as established by the Weld County Building Code and
adopted by Weld County for the unincorporated areas of Weld County. The fees will
be billed to the Town on a monthly basis. Such bills must be paid to the County within
thirty (30) days of receipt.
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5. If a plan check is required, the plan check fee charged to the Town shall be the same
fee per plan check as established by the Weld County Building Code and adopted by
Weld County for the unincorporated portions of Weld County. The plan check fees will
be billed to the Town on a monthly basis. Such bills must be paid to the County within
thirty (30) days of receipt.
6. The Town shall be responsible for inspection and approval of any permits issued but
not yet finaled as of the date of the initial agreement.
7. The County, in addition to its inspection duties, shall investigate complaints of code
violations when so directed by an administrative officer of the Town or theTown Board.
The County shall have no further obligation to pursue administrative, criminal or civil
remedies against the violator except that the County inspectors shall be available for
testimony in any proceedings regarding the violation.
8. The County shall maintain the record of each building permit issued, including but not
limited to, copies of the approved building permit, field inspection reports, and
certificates of occupancy issued. Upon the termination of this contract, these complete
records concerning buildings in Mead shall be provided to the Town
within thirty (30) calendar days. Building plans will be returned to the town for storage
within a reasonable time after the final inspection is completed and the certificate of
occupancy is issued.
9. County agrees to provide theTown with 30 days notice of any proposed amendments
to the Weld County Building Code and fee schedules.
10. The Town shall not be liable for the direct payment of any salaries, wages, or other
compensation to any personnel performing services herein for said County.
11. The County agrees, at its own expense, to procure adequate insurance against and to
indemnify, defend and hold the Town harmless against any and all of the following types
of claims:
a. Claims by any County employee for compensation, fringe benefits of any kind
whatever (including without limitation pension rights or payments, insurance of any
kind, reimbursement of medical expenses, vacation pay, sick leave, or sick pay or
indemnification for tort claim damages or similar claims) for damages (e.g., Section
1983 Claims).
b. Claims by any other party for damages for any alleged unlawful act or omission,
negligent or willful, on the part of any County employee acting pursuant to this
Agreement.
12. The County or its employee shall not be deemed to assume any liability for
intentional or negligent acts of said Town or any officer, agent, or employee thereof,
and theTown agrees to indemnify and hold the County harmless for any and all
claims arising out of such acts.
13. This agreement shall supercede and render null and void any previous agreement
for building inspection services between Weld County and the Town of Mead
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14. This Agreement shall be renewed annually unless either party by written notice,
delivered 60 days prior to expiration date, expresses an intent not to renew the
agreement. If such termination does occur, all structures that have had inspections
made but are not completed at the time of termination may be completed through
final inspection at the agreed fee rate if the Town so requests and if the County
agrees to do so. The Town shall also pay all outstanding fees owed to the County
within thirty (30) days of the notice of termination.
15. All notices to the County pursuant to paragraphs 3 and 14 of this Agreement shall
be sent certified or registered mail, return receipt requested, addressed to the Board
of County Commissioners of Weld County, P.O. Box 758, Greeley, Colorado
80632.
16. All notices to the Town, pursuant to Paragraphs 9 and 14, shall be sent certified or
registered mail, return receipt requested, addressed to:
Kelly M. Smith
441 3rd Street, Box 626
Mead. Ni R0542
, Town Clerk
IN WITNESS WHEREOF, the Town, by resolution duly adopted by its governing body,
caused this Agreement to be signed by its mayor and attested by its clerk, and the County Board
of Commissioners has these presents to be subscribed by the Chairperson of said board and the
seal of said board to be affixed thereto and attested by the clerk of said board, all on the day and
year first above written.
ATTEST:
Weld County Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY:
BY: , dam
Deputy lerk to the Board DALE K. HALL, C airman (3/27/95)
ATTE T:
° � Gin -rum=
own Clerk
3
IIE
TOWN OF ri)E
BY:
Mayor
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COLORADO
MEMORANDUM
5 TO: Board of County Commissioners March 21, f995� j ! U: 22
CLERK
From: Edwin D. Stoner, Lead Combination Inspector t To
SUBJECT: Contract with Mead to Provide Inspections
I have attached the agreement dated March 13, 1995 between Weld County and the Town of
Mead. If the Board of County Commissioners executes this agreement, the Department of
Building Inspection will provide inspection services to the Town of Mead. This new agreement is
for one year, whereas the old agreement was capable of being dissolved on a 30 day notification
process. This change is being considered by the other jurisdictions with which the County has
current agreements.
It is the recommendation of the Department of Building Inspection that the Board of County
Commissioners approve this agreement.
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